Commonwealth ex rel. Gatens v. Banmiller

Reimel, J.,

This matter came before the court on petition for writ of habeas corpus alleging six contentions for the issuance of the writ. They are as follows: (a) Relator has been falsely accused and convicted; (b) his prior record was considered in evidence to his prejudice at the trial; (c) he was at no time presumed to be innocent; (d) that he had an alibi defense; (e) that he did not sign a waiver of trial by jury, and (f) that his indictment is illegal because it names one “John” Gatens rather than “Henry J.” Gatens, the relator.

The record discloses that relator was tried before Hon.…